56Aeronautical charges

##### 56 Aeronautical charges (1) In this section: > aeronautical charge means a charge for, or in respect of: (a) the use by an aircraft of a Federal airport; or (b) services or facilities provided by the Corporation; and, without limiting the generality of the foregoing, includes: (c) a charge for the landing or parking of an aircraft at a Federal airport; (d) a charge relating to the embarkation or disembarkation of aircraft passengers at a Federal airport; and (e) a charge relating to the handling of cargo carried on an aircraft; but does not include any charge made under, or because of, a contract, a lease, a licence, or an authority, in writing under the common seal of the Corporation. > Federal airport includes a jointly used area. (2) Subject to this section, the Corporation may, from time to time, make determinations fixing or varying aeronautical charges and specifying the persons by whom the charges are payable and the times when the charges are due and payable. (2A) This section has effect subject to the Prices Surveillance Act 1983. (3) The Corporation shall not make a determination under subsection (2) unless it has notified the Minister of the proposed determination. (4) Notification under subsection (3) of a proposed determination: (a) shall be made to the Minister in writing; (b) shall specify the day on and from which the determination is, if not disapproved by the Minister, intended to operate; (c) where the proposed determination relates to the fixing of an aeronautical charge—shall specify the basis of the proposed charge; and (d) where the proposed determination relates to the variation of an aeronautical charge—shall specify the reason for the proposed variation. (4A) Where the Corporation receives: (a) a notice under paragraph 19(1)(b) of the Prices Surveillance Act 1983 about an inquiry into the supply of services, by the Corporation, to which the proposed determination relates; or (b) a notice under section 28 of that Act withdrawing such a notice; the Corporation must, in writing, inform the Minister of the notice and its contents. (4B) Where the Corporation is given, under section 26 of the Prices Surveillance Act 1983, a report on an inquiry held under that Act in relation to the supply of services by the Corporation, it must give a copy of the report to the Minister. (5) The Minister may, within the period referred to in subsection (6A), give notice in writing to the Corporation disapproving the proposed determination. (6) In exercising the powers under subsection (5), the Minister shall have regard to the duties and the responsibilities of the Corporation under this Act. (6A) The period within which the Minister may give notice is: (a) if the Corporation has received a notice under paragraph 19(1)(b) of the Prices Surveillance Act 1983 about an inquiry into the supply of services, by the Corporation, to which the proposed determination relates—within 30 days after the Minister receives from the Corporation: (i) notice under subsection (4A) that the Corporation has received a notice under section 28 of that Act; or (ii) a copy of the report given to the Corporation under section 26 of that Act in relation to the supply of services concerned; or (b) in any other case—within 30 days after the Minister receives a notice of the proposed determination. (7) The Corporation may make a determination only if: (a) the Minister has approved it; or (b) the period within which the Minister may give to the Corporation a notice under subsection (5) has expired without the Minister having given such a notice. (7AA) Where the Minister receives from the Corporation a copy of a report given to the Corporation under section 26 of the Prices Surveillance Act 1983 in relation to the supply of services, by the Corporation, to which the proposed determination relates, the Minister may, in the notice under subsection (5), disapprove the proposed determination and substitute a fresh determination. (7AB) A determination so substituted by the Minister has effect as if it had been made by the Corporation in accordance with subsection (7). (7A) The making of a determination shall be made public in such manner as the Corporation considers appropriate. (8) Where the liability of a person to pay an aeronautical charge is not discharged within 28 days after the day on which that charge became due and payable, that person is, unless the Corporation exempts that person from the operation of this subsection in relation to that charge, liable to pay to the Corporation, by way of penalty, in addition to the amount of that charge, an amount calculated upon the amount of that charge remaining unpaid at the rate of 1.5%, or such other amount as is prescribed, for each month or part of a month for which that amount is unpaid to be computed from the day on which that charge became due and payable and to be compounded. (9) The following amounts may be recovered by the Corporation as debts due to the Corporation: (a) an aeronautical charge that is due and payable under this Act; and (b) an amount payable by way of penalty under subsection (8). (10) An aeronautical charge shall not be fixed at an amount that exceeds the amount that is reasonably related to the expenses incurred or to be incurred by the Corporation in relation to the matters in respect of which the charge is payable and shall not be such as to amount to taxation.